Last week, a draft Supreme Court opinion points to one thing: Roe v. Wade will likely be overturned or severely gutted in the coming months. 

If the Supreme Court overturns Roe v. Wade, it would end the right to an abortion in 26 states, mostly in the Midwest, South, and parts of the West.¹ The end of Roe would also invigorate anti-abortion advocates to pursue restrictions even in states where it would still be still legal.² In Louisiana, for example, the state legislature advanced a proposal that would classify abortion as a homicide, which goes even further than other states passing anti-abortion measures across the country. This law would make it possible for district attorney's to bring criminal cases against women who end a pregnancy.³ 

As these threats gain traction, Black women, trans, and non binary folks will be hit hardest. In his leaked opinion, Justice Alito references early eugenicists to argue that Roe has contributed to an undue decline in the Black population.⁴ Embedded in this is a deeply racist sentiment that Black communities are unable to make our own decisions about our bodies and families. In reality, we know that efforts to restrict our bodily autonomy have and continue to be a deliberate and devastating tool of white supremacy. 

But it’s not too late to fight back. Now more than ever, it’s crucial we get ahead of the criminalization that is likely to occur with the overturning of legal abortion access. That’s why we’re fighting to stop criminalization where it starts--at the local district attorney's office.

District attorneys represent one of the few lines of defense against this sweeping attempt to criminalize pregnancy outcomes, and it's because they have immense discretion over whether or not to charge someone with a crime. By holding prosecutors accountable to use their discretion to keep law enforcement out of health decisions, we can make it just a little bit safer for pregnant people caught in this widespread attack on reproductive freedom.